908 F. Supp. 2d 1214
N.D. Ala.2012Background
- Ms. Cook filed an amended complaint with five counts in the Circuit Court action teaching Talladega College; the case was removed to federal court on federal-question jurisdiction.
- Talladega College is a private liberal arts college; Hawkins serves as its President and is not a state actor.
- Cook attended Talladega beginning Fall 2010 and was expelled on September 9, 2011, by Hawkins under the College Executive Order provisions.
- Cook authored anonymous harassment letters to Talladega officials, prompting an internal investigation by Chief Walker and involvement of the Alabama Bureau of Investigation.
- The Talladega Student Handbook stated policies but explicitly did not create a binding contract, and Cook admitted the Handbook was not intended as a contract.
- The court granted summary judgment for the defendants, finding no state-action basis for the constitutional claims and the Handbook not constituting a contract.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of counts 1 and 2 | Cook seeks injunctions to reinstate enrollment. | Cook no longer seeks enrollment; injury not redressable. | Counts 1 and 2 are moot and dismissed. |
| Whether counts 1, 2, and 4 allege state action | Involvement of ABI constitutes state/private joint action. | Talladega is private; no state action; no §1983 liability. | Counts 1, 2, and 4 fail for lack of state action. |
| Breach of contract (counts 3 and 5) based on Handbook | Handbook created a contract with Talladega. | Handbook not a binding contract; revisions allowed; no breach shown. | Counts 3 and 5 granted summary judgment for defendants. |
Key Cases Cited
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528 U.S. 167 (2000) (standing requires injury, causation, redressability)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (injury in fact and redressability principles for standing)
- Atlanta Gas Light Co. v. Aetna Casualty & Surety Co., 68 F.3d 409 (11th Cir. 1995) (standing requirements applied in circuit)
- Farese v. Scherer, 342 F.3d 1223 (11th Cir. 2003) (state-action requirement for constitutional claims against private parties)
- NBC, Inc. v. Communications Workers of Am., 860 F.2d 1022 (11th Cir. 1988) (state-action concept in constitutional analysis)
- Ex parte Coleman, 861 So.2d 1080 (Ala. 2003) (contract elements and private-party contract analysis (Alabama))
- State Farm Fire & Casualty Co. v. Slade, 747 So.2d 293 (Ala. 1995) (breach-of-contract elements under Alabama law)
- Strength v. Alabama Department of Finance, 622 So.2d 1289 (Ala. 1993) (contract formation requirements in Alabama)